Comparative Negligence: Is it Possible to Claim Compensation
Negligence is the duty to be careful; when one fails to do this, they are said to have been negligent.
For instance, drivers may cause accidents due to negligence, such as driving while intoxicated or in a hurry. In the context of law, negligence may be construed as behaving with an unreasonable lack of care and foresight that leads to an accident. Negligence is often qualified by some contributory negligence when a party is also to blame for their injuries.
Negligence could be balanced with a comparative fault or contributory responsibility, meaning you would have lessened your damage if you had been more careful. Let’s explore comparative negligence and whether it’s possible to claim compensation.
What is Comparative Negligence?
Comparative negligence is a legal doctrine that allows the court to divide a person’s liability for an accident based on their level of fault or negligence. If you are less to blame than the other party, you can use comparative negligence to reduce or eliminate your compensation award. The court must find you partially at fault to compare your degree of fault or negligence with the other party. If you can’t be found partially at fault, you cannot use comparative negligence to reduce your compensation amount.
Who is Eligible for Comparative Negligence?
Comparative negligence is usually applied to people who are at fault in an accident. If you were to argue that you were not at fault, you would be objecting and possibly winning your case. In this case, your lawyer will likely advise you to accept the other party’s offer, as it is in your best interest. However, if you do not want to lose your case, you will want to seek out a lawyer experienced in comparative negligence.
Should I Hire a Lawyer to Handle Comparative Negligence Case?
It is good to consult a lawyer as soon as you are in trouble, especially if you think you are eligible for the doctrine of comparative negligence. A lawyer will be able to determine if you can use this doctrine and whether or not you have a chance of winning. If the judge deems you to be at fault and does not allow for your use of comparative negligence, you may lose your case. However, if the court decides that you are reasonable, Christensen Law personal injury attorneys will be able to help you receive the compensation you deserve.
How Can I Win My Case Using Comparative Negligence?
When you have a straightforward case, such as a minor car crash, you may be able to win your case using comparative negligence. Your lawyer will help you understand the eligibility requirements, which you will present to the judge. This is not hard to understand since it involves comparing your negligence with the other party. The judge should grant you an award if you can prove that your negligence was less than that of another party.
How Much Compensation Can You Expect to Receive?
The amount you will receive will vary from state to state. One point to note is that you can only be compensated for your actual damages, not your additional expenses. For example, if you had to take time off work, this would not be reimbursed. As such, it is important to obtain the services of an attorney so they can help determine the exact value of your compensation.
Conclusion
Negligence is the failure to act with reasonable care, and you may often use it to your advantage. If you are in a car accident, you may be able to offset your losses by proving that the other party was more at fault. However, the use of comparative negligence is not always granted. To win your case, you will need experienced lawyers who have handled this type of case before.
